Industry Urges Congress To Adopt Enhanced Food Safety Reforms

Posted on January 26, 2009 by Shawn Stevens

As we continue to comment on food safety litigation avoidance and crisis management, several food industry groups on Friday, in letters to Congress, urged House and Senate leaders to quickly enact enhanced food safety reforms.  The letters announced that, although “Americans continue to enjoy the safest food supplies in the world, . . . new challenges require Congress and the Administration to modernize our food safety net.”  In turn, industry groups urged lawmakers to move forward on the following FDA proposals, originally announced in 2007, as part of the FDA’s Food Protection Plan:

  • Require Domestic Food Safety Plans:  As proposed, the initiatives would require domestic food producers to affirmatively identify potential food safety risks associated with production methods and products, identify and implement enhanced production or other controls, and prepare formalized food safety plans (for FDA review) addressing such risks;
  • Require Foreign Food Safety Plans:  Adoption of the pending initiatives would also empower the FDA to assist foreign governments seeking to adopt robust food safety regulations, and require foreign food product importers to better police foreign suppliers. The initiatives would also, in part, require domestic foreign food product importers to document food safety controls being implemented by foreign suppliers, and require such records to be available for FDA review; and
  • Adopt A More Robust Risk-based Approach to Inspections:  As proposed, the initiatives would also enable the FDA to increase food safety inspections for those facilities and products (both foreign and domestic) that pose, based upon science and risk-based studies, the greatest risk of potential contamination.

In addition to encouraging a more robust food safety inspection system for domestic and foreign products, the letters also urged Congress to better enhance the safety of fruits and vegetables by establishing uniform standards for high-risk products.  In addition, the letters addressed the FDA’s continuing request for mandatory recall authority, which would be available to the agency in those rare circumstances where companies refused, following FDA recommendations, to initiate recalls voluntarily.

The letters were undersigned by numerous industry organizations, including the Grocery Manufacturers Association, the Food Marketing Institute, the American Frozen Food Institute, the International Bottled Water Association, the International Dairy Foods Association, the National Fisheries Institute, the National Restaurant Association, the Retail Industry Leaders Association, the Snack Food Association and the United Fresh Produce Association.  According to Pamela Bailey, President and CEO of the Grocery Manufacturers Association, improved food safety tools would ultimately enable us to better “maintain our position of global leadership and assure consumer confidence.”

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Precautionary Recalls Continue To Expand

Posted on January 22, 2009 by Shawn Stevens

As the FDA and CDC continue what has been described as "a very active and dynamic investigation into the source of the current Salmonella Typhimurium outbreak," more companies, in an abundance of caution, are proactively (and voluntarily) recalling potentially implicated products.   In just the last two days, additional recalls were announced for select products produced by Evening Rise Bread, Ready Pac, Country Maid, Nature's Path, NutriSystems, Premier Nutrition, Boca Grande, Blanton's Candies, and Weis Markets.  The investigation has even led to the recall of pet treats, as PetSmart, announced yesterday a recall of "Grreat Choice Dog Biscuits."  

Despite the seeming expansive scope of the ongoing recalls, we should remember that the recalls are being being voluntarily initiated by companies who are working extremely closely with governmental investigators.  In many cases, products are being recalled not because they have been shown to be contaminated, but as a precautionary measure because the potential exists.  Outbreak investigations (whether they involve tomatoes, peppers or peanuts), tend to be very fluid and dynamic and, in most instances, decisions are made moment-to-moment based upon the best available information.  

In turn, we continue to wish the best to both investigators and industry working tirelessly to bring this outbreak to closure.  As I've stated many times in the past, although our food safety system is not perfect, there are countless Americans at all levels striving even as we speak to make it better. 

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RECALL TRACKER: Keep Abreast Of Current Food Product Recalls

Posted on January 20, 2009 by Shawn Stevens

Every year, millions of pounds of food products are recalled for the suspected presence of food-borne pathogens.  While the fact remains that most recalled products may not be contaminated, neither responsible companies nor the public want to take any chances with a product that might potentially contain pathogens. For this reason, when problems are suspected, many food companies, in an abundance of caution, will work closely with governmental agencies, such as the FDA and FSIS, to identify potential problems and define the parameters of voluntary recalls. 

In the coming days, for instance, we will continue to watch as peanut butter recalls associated with the current Salmonella Typhimurium outbreak unfold.  Currently, the list of potentially involved companies, selling products which reportedly utilized raw materials manufactured by the Peanut Corporation of America, include:

Although time will tell whether only a few or more of these products may have potentially carried trace elements of the pathogen at issue, we should be thankful to the dedicated public health officials and responsible companies for proactively and quickly identifying this emerging issue, and voluntarily removing these products from commerce.  Stay tuned as additional news develops.

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